related laws: Regulations on Work-related Injury Insurance

1 Article 33 If an employee needs to take a break from work to receive work-related injury medical treatment due to work-related accidents or occupational diseases, the original salary and welfare benefits will remain unchanged during the period of suspension with pay, and the unit where he works will pay him monthly.

2 Article 34 If the injured worker has been assessed with disability grade and confirmed by the labor ability appraisal committee to need life care, the life care fee shall be paid monthly from the work injury insurance fund. Life care fees are paid according to three different levels: life can't take care of itself at all, most of life can't take care of itself or part of life can't take care of itself, and their standards are 5%, 4% or 3% of the average monthly salary of employees in the overall planning area respectively.

3. Article 35 If an employee is identified as a first-class to fourth-class disability due to work, he/she will retain his/her labor relationship and quit his/her post, and enjoy the following benefits:

(1) Pay a one-time disability subsidy from the industrial injury insurance fund according to the disability level, with the standard as follows: the first-class disability is 27 months, the second-class disability is 25 months, the third-class disability is 23 months, and the fourth-class disability is 21.

(2) Pay monthly disability allowance from the industrial injury insurance fund. The standard is: 9% of my salary for first-degree disability, 85% for second-degree disability, 8% for third-degree disability and 75% for fourth-degree disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the industrial injury insurance fund will make up the difference;

(3) After the workers with work-related injuries reach retirement age and go through retirement procedures, they will stop paying disability allowance and enjoy basic old-age insurance benefits in accordance with relevant state regulations. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference.

if an employee's work-related disability is identified as level 1 to level 4 disability, the employer and the employee shall pay the basic medical insurance premium based on the disability allowance.

Article 36 Employees who are disabled at work and are identified as level 5 or level 6 are entitled to the following benefits:

(1) Pay a one-time disability subsidy from the industrial injury insurance fund according to the level of disability, with the standards as follows: level 5 disability is my salary for 18 months, and level 6 disability is my salary for 16 months;

(2) retain the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange a job, the employer will pay a monthly disability allowance. The standard is: 7% of my salary for level 5 disability and 6% of my salary for level 6 disability, and the employer will pay the social insurance premiums that should be paid for it according to the regulations. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.

upon the employee's own proposal, the employee can dissolve or terminate the labor relationship with the employer, and the work-related injury insurance fund will pay the one-time medical subsidy for work-related injuries, and the employer will pay the one-time disability employment subsidy. The specific standards of one-time medical subsidy for work-related injuries and one-time disability employment subsidy shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 37 Employees who are identified as being disabled at level 7 to level 1 due to work-related disability shall enjoy the following benefits:

(1) Pay a one-time disability subsidy from the industrial injury insurance fund according to the disability level, with the standards as follows: level 7 disability is 13 months, level 8 disability is 11 months, level 9 disability is 9 months, and level 1 disability is 7 months;

(2) If the labor or employment contract expires, or the employee himself proposes to terminate the labor or employment contract, the industrial injury insurance fund will pay the one-time medical subsidy for work-related injuries, and the employer will pay the one-time disability employment subsidy. The specific standards of one-time medical subsidy for work-related injuries and one-time disability employment subsidy shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.